Winston Co. files patent lawsuit over toy's packaging
BY DAVID HARPER World Staff Writer
Thursday, December 13, 2012
12/13/12 at 6:34 AM
A Tulsa company has filed a patent infringement lawsuit against an Arkansas company connected to the packaging of popular ride-on toys known as "quads."
Winston Co. Inc., alleges in the complaint filed in Tulsa federal court that Redman & Associates has been improperly vending the toys directly to Wal-Mart in violation of a joint venture involving the companies.
Also, Winston claims Redman has been using boxes designed by Winston, directly infringing on a patent.
According to the lawsuit, Winston determined that a new type of box, which would enable consumers to view the quads and see if a child would fit properly on the toys, would have more "utility" than a disassembled quad inside a closed box.
The lawsuit also names Melvin C. Redman of Redman & Associates as a defendant. The complaint acknowledges Redman was listed as one of three inventors of the box design on a June 2011 patent application. However, Winston alleges he assigned all rights, title and interest in the patent to Winston.
The complaint alleges that, as early as July 2011, Redman and Redman & Associates were exploring how to "get out" of the agreement with Winston.
Wal-Mart is also a defendant in the case because it has allegedly stocked quads, which use the patented box design.
However, Winston acknowledges in the lawsuit it is unaware whether Wal-Mart had sufficient knowledge of the patent issue such that any infringement would have been "willful" by Wal-Mart.
The complaint was filed Nov. 21 and none of the defendants have filed an answer yet.
Melvin Redman said that he had no comment about the case.
Original Print Headline: Tulsa company sues over toy's box
David Harper 918-581-8359